Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-12-12
TO THE JURY.
1T REMAINS TO AWAIT A VERDICT
Bank Wrscksr Harper'S Testimony Yes
tsrday.

morning Kept the crONueu COuII iO"iu III
a hush of silence. Court was opened in
the usual way. Harper appeared, accom-
panied by his wife and her sister and bis
little boy, a fine looking fellow of nine
years. The testimony for the defense was
virtually nothing. Mr.. Marchant told
what was the state of the account of Swift's
Iron and Steel Works in 1887. ItamOunt-
ed to $19,O 900 deposits and $4,000 with
drawn, on over draft. Mr.. Phillips was
called to show that the property of these
works was worth over 100000.
J.F. Larkin, banker, was called TO show
that Wiltshire was buying wheat for Others
than Harper, but all he could say was
that his bank had haudled some paper OF
Undertakes with endorsements by Will
shire, and the Court ruled it all out as in
competent.
Timberlake himself was called. He
said Wiltshire never bought for him, nor
| he for Undertake. Wiltshire had simply
endorsed some of his paper. Mr.. Black
burn said his purpose was to show that
Wilshire's testimony, that he had bought
for Harper only was not true. The Ccurt
reminded counsel that Wiltshire had teSti-
| fed that he had bought a million bushels
on his own account, and if they could
show he had bought more than this, it
might be done. The witness was ex-
cuSed.
Edgar Stark, hank cashier. was called to
| tell OF the TimbCrlake transaction, hut
it was ruled out, and Mr.. Blackburn said:
"With that ruling Of the Court we have
NO FURTHER TESTIMONY
II was now 1890. Mr.. Harper aud his
counsel withdrew for consultation. Dep
uty Marshal Urner followed. In ten min
Mr. Harper was called cut. The consul
tati0n was upon the question 0fsubmitting
the case without Argument. At lO:lJ tn"
! parties all returne and Mrs. Harper Was
carrying her babe. She sat down beside
her husband with the child upon her knee,
removing its white hood ana displaying
lovely head and face, fair hair, bright eyes,
| fine complexion and full round ChtrhS.
| There was whispered consultation al the
| table for Il minute or two, during winch,
above the low hum of the crowd, could he
heard the flute like tones of this baby's
voice rs it reached to the table after papers
and cOOed its delight. Ii was the only
plea that was offered for its father, for
when Mr.. Blackburn arose he said that
under the ruling OF the Court ~ to the ev-
idence offered they had no more witnesses
to offer.
The Government called MeSsrs. Hinch
and Hayes, but the questions asked them
had been asked before and they were ruled
ont
Mr. Burnet then said the
GOVERNMENT WOULD REST.
Judge JarksOn-"Will you argue the
! CaSe?'
Judge Wilson, for the defense, said they
would submit without argument II the
Government would.
Mr.. Buruet-"We will"
Judge Jackson then prepared TO deliver
his charge to the Jury. The charge Cccu-
pied an hour amt litty minutes i'll delivery.
lie began by reierriag TO the form Of the
| Indictment, and then gave the usual def
milton at the points of the law necessary
to be considered by n jury in 4 criminal
| indictment. lie called their attention to
the difference between criminal acts
by officers of 4 banking association
and others by which losses might
accrue, but not he criminal, and remarked
that in every count Harper was charged
/ - 4, a,N 10 hn
abstract, as lIseil in the statute, as neal
| ing to take without the knowledge of the
officers Of the association aud use 1t for the
benefit OF others aud with the intent to de-
fraud, applied 80 every fact, which is
illegal, which tends 10 injury. Alter de-
fning what was meant by proof beyond
reasonable doubt, he said the responsibility
of bank officers was not for losses on
HONEST LEGAL LOANS
| in good faith, for the benefit OF the associa-
ton, but for illegal acts FOR the benefit Of
others than the bank.
He Their passed to review of the facts
proven, saying the court could assume
those things proven which had been pre-
scented in evidence by both sides" He
then enumerated, one after another, varl-
Gus acts regarded as proven by Harper's
OTn admissions. such - . credit to the
| Riverside IrOu and Steel Works. upon no
consideration, aud declared that the de
tCndant committed wrongful acts when
they took the check Of the Riverside
works in that way. 50 OF the $500, 600
certificate of deposit in the FIRST National
Bank, represented 10y his own check. This
was n criminal act, admitted by the de
| iendaut.
Going on ia order OF time, the court
cited act after act, all admitted by
Harper, which, under the ruling Of thc
court,
CONSTITUTED CRIMINAL ACTS.
Among offices was $4,000 to Hoyt for
| hopkins, in which Harper said he was to
be a sharer with Hopkins In sending
collaterals to the Chemical National B@lh
on June -, the deieuaut committed IN
unlawful criminal act. Harper's heroic
| efforts to save the bank does not excuse
him any more than man would be eX-
cused tor scuttiing ship by afterwards
making efforts to save it. Referring to
Harper's defense that he was trying 10 save
the bank, he severely arraigued his method
| SdNlDk IL WIS uOl lCstStLlhblC lOi q lihi W
sink 81, 4OO, 900 to save $50, 900. Summing
up he said: The Court instructs the jury
that it must fpd on his own testimony
that the defendant had committed a crime,
The Jury then was instructed as to the
nature Of the verdict, and they then were
taken TO th0ir room, to begin the c0nsulta-
ton. The caurt adjourned until = o'clock.
At q quarter OF tive Court adjourned till
Monday. 1t was announced that the jury
would I've ready to report early this even
ing The verdict in the Harper case will
not be received until Monday morning, no
matter when the jung agree
4 NEW DEAL.
Grand Change Among High n. o.
| OfiCials.
NEW YORK, December lO.-A Baiti-
more special says: Thomas R Sharp,